Valid I797 and stamped visa but I94 expired due to passport expire

[manishI94query]

My wife has H4 with my previous employer. She had valid I797 till Nov 2018 and she also has Stamping on passport till Nov 2018. I changed job in March 2017 and got new H1 but did not file for her H4 as she had valid H4 till nov 2018. When she was travelling to USA from india in April 2017, she got I94 until April 2018 only because her passport was expiring in April 2018. We applied for her passport renewal and she now has passport until 2028 but her I94 has expired in April 2018 and we came to know today only. Can you please tell me what should we do in this case. Can I go to CBP to extend her I94 or should I send her out of country and she can come with new I94. How to deal with 3 months of overstay in USA without valid I94.

[HBO123]

I am in the same situation, I applied for my passport once I get my passport. I need to decide where to cross the border, not sure if there will be any problems. I appreciate if you could share your experience. 

[satya2k1]

I would first check at the airport, where your wife entered in April 2017, and talk to the CBP officer there and explain the situation.  they might correct the record and issue a new I-94.  If that does not work then she have to cross the border and enter with new I-94.

[h1b_seeker69]

Me and my wife are in the same case. 

Visas are stamped till 04/2019 in old passports, and when we entered the country I 94 stamped till passport validity i.e October 2018. We got our new passports now should we be checking with CBP at local International Airport?

Would that help 

 

thanks

[guddi]

Please share your experience as I am in the same situation ..When I went to CBP officer they said going to Canada, Mexico or Caribean ISland won't work you have to leave North America

[h1b_seeker69]

@guddi I asked the local CBP Office and they are telling me the same. They are saying i have to leave North America to get it fixed. 

Well in my case it was passport expiration which triggered this, now i have the passport renewed I am waiting for the response from my employer.

If you all know anything else, please keep us updated here

thanks

 

[guddi]

My passport and I94 is  about to expire in Jan 2019 . Now I got the  passport renewed ...after searching all the option I think the only way out is to leave the country( North America continent) and come back..if anyone is aware of anything else please let us know...

[guddi]

does anyone have any updates..

[satya2k1]

On 9/20/2018 at 9:23 AM, h1b_seeker69 said:

@guddi I asked the local CBP Office and they are telling me the same. They are saying i have to leave North America to get it fixed. 

Well in my case it was passport expiration which triggered this, now i have the passport renewed I am waiting for the response from my employer.

If you all know anything else, please keep us updated here

thanks

 

You should be eligible to apply for Extension of Status using I-539 application.   I suggest to check with other CBP at an international airport about traveling to border and getting new I-94 if you have a valid visa stamp in your passport.

[guddi]

does anyone have any updates..

[guddi]

CBP OFFICER ARE SAYING that i have to leave the country as I539 is for new petition...